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A-63 I
% 30.09.2011
Present: Mr.T.R.Sandhu, Advocate for the petitioner.
+CM (M) No.1157/2011 & & CM No.18453/2011 (for stay)
*
The order impugned before this Court is the order dated 30.8.2011 vide which the evidence of the plaintiff had been closed; impugned order had noted that although the witnesses of the plaintiff was present and the affidavit was also ready yet in spite of direction to the plaintiff to enter into the witness box his counsel was not ready and had sought pass over for several times on the said date.
Record shows that issues had been framed and the matter was been fixed for evidence first time on 16.8.2011. On 30.8.2011 the matter was fixed for plaintiff's evidence for the second time. The plaintiff undertakes that he shall tender his complete evidence on the next date; which comprises of two witnesses of the plaintiff including the plaintiff himself. In view of the aforenoted undertaking the impugned order dated
30.8.2011 is set aside. Petitioner will tender his complete evidence on the next date. This order is passed subject to cost of Rs.5000/- to be deposited with the Delhi High Court Legal Services Committee.
Petition is disposed of in the above terms.
INDERMEET KAUR, J.
SEPTEMBER 30, 2011 nandan
2011:DHC:19503
% 30.09.2011
Present: Mr.T.R.Sandhu, Advocate for the petitioner.
+CM (M) No.1157/2011 & & CM No.18453/2011 (for stay)
*
The order impugned before this Court is the order dated 30.8.2011 vide which the evidence of the plaintiff had been closed; impugned order had noted that although the witnesses of the plaintiff was present and the affidavit was also ready yet in spite of direction to the plaintiff to enter into the witness box his counsel was not ready and had sought pass over for several times on the said date.
Record shows that issues had been framed and the matter was been fixed for evidence first time on 16.8.2011. On 30.8.2011 the matter was fixed for plaintiff's evidence for the second time. The plaintiff undertakes that he shall tender his complete evidence on the next date; which comprises of two witnesses of the plaintiff including the plaintiff himself. In view of the aforenoted undertaking the impugned order dated
30.8.2011 is set aside. Petitioner will tender his complete evidence on the next date. This order is passed subject to cost of Rs.5000/- to be deposited with the Delhi High Court Legal Services Committee.
Petition is disposed of in the above terms.
INDERMEET KAUR, J.
SEPTEMBER 30, 2011 nandan
2011:DHC:19503
JUDGMENT